Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943 BAIL APPL. NO. 436 OF 2022 Crime No.248/2021 of Nedumbassery Police Station PETITIONER/12th ACCUSED: SHEMEER AGED 41 YEARS S/O. MUHAMMED, CHIRAKKAL VEETIL, JUMA MASJID, ESTATEMUKKU KARA, THAMARASSERY TALUK, KOZHIKKODU. BY ADVS. P.SHAIJAN JOSEPH K.K.AJI KUMAR RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2 SUB INSPECTOR OF POLICE NEDUMBASSERY POLICE STATION, NEDUMBASSERY P. O., ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683 585. OTHER PRESENT: SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.436/2022 -2-
ORDER
The petitioner is the 12th accused in Crime No.248/2021 of Nedumbassery Police Station, Ernakulam District alleging commission of offences under Sections 323, 347, 356, 357, 365, 395, 212 and 120 B read with 34 of the Indian Penal Code.
2. The allegation against the petitioner is that he along with the other
accused kidnapped one Taju who had arrived from Sharjah and attempted to rob some gold allegedly brought by the aforesaid Taju. He was allegedly taken to a hotel in Perumbavoor and robbed of his watch and sun glasses when it was found that he was not in possession of any gold.
3. The learned counsel for the petitioner submits that the petitioner
has been wrongly roped in on the basis of some similarity with a person noticed in the CCTV images from the hotel in question. It is submitted that the petitioner has no connection with the other accused in the case and that the petitioner has been wrongly implicated. It is submitted that all the other accused in the case have already been granted bail and the petitioner has been in custody from 20-12-2021. It is submitted that further detention of the petitioner is not necessary for the purposes of any investigation.
4. I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the investigation conducted thus far revealed the fact that the petitioner was also involved in the matter. It is submitted that
B.A. No.436/2022 -3- the investigation had progressed substantially since the alleged incident was in the month of April 2021. It is submitted that the petitioner was arrayed as the 12th accused on the basis of solid materials and that the petitioner cannot wriggle out by saying he has been wrongly implicated
5. Having regard to the facts and circumstances of the case and
considering the fact that all the accused in the case except accused No.4 are released on bail, I am of the view that the petitioner can be granted bail subject to conditions. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall report before the Investigating officer in Crime No.248/2021 of Nedumbassery Police Station on every Saturday at 11 a.m until filing of final report in that crime;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.248/2021 of Nedumbassery Police Station;
(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an B.A. No.436/2022 -4- affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail
(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.248/2021 of Nedumbassery Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AMG